Case information
Consult our database for details on a Supreme Court of Canada case.
31751
Nygard International Partnership Associates v. Sharon Michalowski, et al.
(Manitoba) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-04-23 | Close file on Leave | |
| 2007-04-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-04-20 | Judgment on leave sent to the parties | |
| 2007-04-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI 04-30-06024, 2006 MBCA 115, dated October 12, 2006, is dismissed with costs to the respondents Sharon Michalowski and Director of the Employment Standards Division. Dismissed, with costs |
|
| 2007-03-12 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2007-01-26 | Applicant's reply to respondent's argument, Completed on: 2007-01-26 | Nygard International Partnership Associates |
| 2007-01-19 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-19 | Manitoba Labour Board |
| 2007-01-19 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-19 | Sharon Michalowski |
| 2007-01-18 | Respondent's response on the application for leave to appeal, Missing service - Rec'd on January 19, 2007, Completed on: 2007-01-19 | Director of the Employment Standards Division |
| 2006-12-21 | Correspondence received from, Shannon Carson dated December 21, 2006. Re: Will be filing a response in January. | Sharon Michalowski |
| 2006-12-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-12-08 | Application for leave to appeal, C/A Order missing - Rec'd on December 12, 2006 (3 volumes), Completed on: 2006-12-12 | Nygard International Partnership Associates |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Nygard International Partnership Associates | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Michalowski, Sharon | Respondent | Active |
| Director of the Employment Standards Division | Respondent | Active |
| Manitoba Labour Board | Respondent | Active |
Counsel
Party: Nygard International Partnership Associates
Counsel
Shayne D. Berthaudin
Malinda A. Yuen
1700 - 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 956-2970
FAX: (204) 957-0516
Email: richardgood@fillmoreriley.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Michalowski, Sharon
Counsel
Shannon Carson
724 - 240 Graham Avenue
Winnipeg, Manitoba
R3C 0J7
Telephone: (204) 926-1518
FAX: (204) 956-0625
Email: gsmorang@myersfirm.com
Party: Director of the Employment Standards Division
Counsel
405 Broadway
Room 730
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2877
FAX: (204) 948-2826
Email: mwebb@gov.mb.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Manitoba Labour Board
Counsel
Civil Legal Services
730 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0243
FAX: (204) 948-2041
Email: dgisser@gov.mb.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Administrative law – Boards and tribunals – Standard of review – Employment law – Minimum standards legislation – Where a statute restricts appeals to questions of law or jurisdiction, is the correctness standard of review to be applied to questions of law? – Is the issue one of mixed law and fact where the factual findings are accepted and the legal question can be isolated? – Does a tribunal or an appellate court have jurisdiction to increase legislative minimum standards in the absence of an express statutory provision conferring such authority? – May a tribunal admit evidence to contradict express provisions of a written agreement that would otherwise be inadmissible under the parol evidence rule?
Sharon Michalowski worked for Nygard International from December 3, 2001 until January 30, 2003. The employment agreement stated that her salary was "inclusive of all hours required to be worked to fulfill [her] duties". The termination period in the agreement was thirty days written notice by either party, however if notice was given by Ms. Michalowski, Nygard reserved the right to terminate "immediately without further remuneration". Having worked 284 hours in excess of the standard hours provided in The Employment Standards Code, C.C.S.M., c. E110, for the previous six-month period, Ms. Michalowski resigned by letter on January 27, 2003, providing one month's notice. Nygard exercised its right to accept her termination immediately without further remuneration. Ms. Michalowski brought a claim under the Code, for wages owed in lieu of notice and for overtime pay.
The Manitoba Labour Board decided the relevant parts of the employment agreement violated the Code and ordered Nygard to pay Ms Michalowski overtime pay and an amount in lieu of notice. The Manitoba Court of Appeal dismissed Nygard's appeal
Lower court rulings
Manitoba Labour Board
735/03/ESC
Applicant ordered to pay $10,897.92 in respect of respondent's claim under The Employment Standards Code, for wages owed.
Court of Appeal of Manitoba
AI 04-30-06024, 2006 MBCA 115
Applicant's appeal, dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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